“If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the court has no difficulty concluding that a reasonable consumer would not be deceived into thinking that when they order an iced tea, that the drink they receive will include both ice and tea and that for a given size cup, some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered,” he wrote in his Aug. 19 opinion.

The judge also pointed out that Starbucks uses clear cups for cold drinks, making it easy for customers to see how much ice they are getting.

Moreover, Starbucks never explicitly states on menus or signs that a given drink size contains a specified amount of liquid, according to the judge.

After the suit was filed, Starbucks said customers who are unhappy with their drink can always ask the barista for a new one. They can also ask for light ice or extra ice when placing their order.

Starbucks is still facing a similar suit in Illinois that alleges the company underfills iced beverages.